In Neighbors v. Ellis, 12th Dist. No. CA2007-05-125, 2008 Ohio 2110, the plaintiff was injured by a miter saw on October 27, 2001. Within ten days of the accident, he discussed a personal injury lawsuit with his attorney, and the two entered into a fee agreement. Throughout the following 23 months, the attorney represented to Neighbors that he was preparing to file a lawsuit on Neighbors's behalf, including sending letters of protection to creditors that sought payment of medical bills associated with treatment for Neighbors's injury. By October 2003, with no lawsuit having yet been filed, and the expiration of the statute of limitation approaching, Neighbors inquired with his attorney. The attorney declined to file a lawsuit, but gave him a form complaint for him to use in filing pro se. With his sister's assistance, Neighbors used the form to draft his own complaint, and filed it on October 28, 2003. The action was dismissed as untimely. Neighbors filed a legal malpractice action against his attorney, alleging that the attorney's negligence resulted in Neighbors's loss of any opportunity to litigate his product liability claim. The trial court granted summary judgment in favor of the attorney, finding no genuine issue of fact regarding causation and damages. The trial court reasoned that Neighbors had failed to adduce sufficient evidence that he would have prevailed in his product liability action. The Twelfth Appellate District reversed, holding that Neighbors needed only to produce "some evidence" that his product liability claim was "colorable."